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Buffalo, United States Attorneys in related practice areas.
Accidents and injuries law covers legal claims that arise when someone is hurt because of another party's negligence, intentional act, or breach of legal duty. In Buffalo, New York, these claims commonly involve motor vehicle collisions, slip-and-fall incidents on private or public property, workplace injuries, medical malpractice, dog bites, and wrongful death cases. The objective of most personal injury claims is to obtain compensation for medical bills, lost wages, pain and suffering, and other damages caused by the injury.
Cases in Buffalo are governed by New York State law and are heard in local courts including Buffalo City Court, County-level courts in Erie County, and New York State trial courts. The procedural rules, insurance requirements, and substantive law follow New York statutes and case law, with local practices and timelines that can affect how a case proceeds.
A lawyer can help when your injuries or losses are significant, when fault is contested, or when insurance companies refuse to offer fair compensation. Common situations where legal help is valuable include:
- Serious injuries that require ongoing medical care, rehabilitation, or will cause long-term disability.
- Complex liability issues - for example, when multiple drivers, property owners, employers, contractors, or government entities may share fault.
- Disputes with insurance companies over coverage, value of claims, or denials based on technical grounds.
- Workplace injuries where workers' compensation benefits and potential third-party claims may both apply.
- Wrongful death claims brought by family members after a fatal accident.
- Cases involving government entities where special notice requirements and shorter filing deadlines apply.
A lawyer can evaluate your claim, gather evidence, work with medical experts, negotiate with insurers, file legal papers on time, and take your case to trial if needed. Most personal injury lawyers in Buffalo work on a contingency-fee basis - meaning they are paid a percentage of the settlement or verdict, and usually there is no fee if you do not recover.
There are several New York-specific and local rules that are particularly important for accident and injury claims in Buffalo.
Statute of Limitations - For most personal injury actions in New York, you generally have three years from the date of the accident to start a lawsuit. This is a strict deadline and missing it can bar your case. There are important exceptions and tolling rules for minors and other situations.
Claims Against Government Entities - If the at-fault party is a city, county, or other government agency, different rules apply. Typically, you must serve a written notice of claim on the public entity within a short period after the incident - commonly 90 days - and then start a lawsuit within a different, often shorter, limitations period, commonly 1 year and 90 days for many tort claims. These time limits are shorter and more rigid than private claims.
No-Fault Auto Insurance - New York requires drivers to carry no-fault personal injury protection (PIP) coverage. After a motor vehicle accident, your own no-fault carrier will usually pay for reasonable and necessary medical expenses and a portion of lost earnings up to the policy limits without regard to fault. To step outside the no-fault system and sue the at-fault party for non-economic losses like pain and suffering, the injury must meet New Yorks serious-injury threshold under state law.
Comparative Fault - New York applies comparative-fault principles. If you are partly responsible for your injuries, your recoverable damages are reduced by your percentage of fault. This reduction can apply even if you share significant responsibility.
Premises Liability and Notice - Property owners in Buffalo must maintain reasonably safe conditions. In many cases, a plaintiff must show that the property owner had actual or constructive notice of a dangerous condition, especially in slip-and-fall cases. Seasonal hazards - like snow and ice - pose special issues and are often governed by nuanced rules about responsibility and expected maintenance.
Workers Compensation - If you are injured on the job, workers compensation is the primary remedy against your employer for medical benefits and partial wage replacement. Suits against employers for negligence are generally barred, but you may have a third-party claim against a contractor, equipment manufacturer, or other party whose negligence contributed to your injury.
Medical Malpractice - Claims against medical providers are subject to a specific statute of limitations, commonly 2 years and 6 months from the act or omission, with narrow exceptions. Medical malpractice claims often require an expert affidavit to show that the provider deviated from the standard of care.
Seek medical attention right away, even if injuries seem minor. Call the police and obtain a copy of the police report. Take photos of the scene, your injuries, and any property damage. Gather contact information for witnesses and the other parties. Report the accident to your insurance company, preserve clothing and damaged items, and keep detailed records of medical treatment and expenses. Contact a local personal injury attorney for guidance before giving recorded statements to insurers.
For most personal injury claims in New York, the general deadline to start a lawsuit is three years from the date of the accident. There are important exceptions, including shorter deadlines for claims against government entities and different timelines for medical malpractice and wrongful death actions. Because deadlines vary and missing them can be fatal to your claim, consult an attorney promptly.
New Yorks no-fault system requires auto insurers to pay personal injury protection benefits for medical expenses and lost earnings regardless of who caused the crash. No-fault benefits are intended to provide prompt payment for basic economic losses. To sue the at-fault driver outside no-fault (for pain and suffering, for example), your injury must meet the state statutory threshold for a serious injury. An attorney can help determine whether your case qualifies to proceed beyond no-fault claims.
Yes. New York follows comparative-fault principles, so your recoverable damages are reduced by your percentage of fault. Even if you were substantially at fault, you may still recover something, but the amount will reflect your share of responsibility. An experienced attorney can analyze fault and work to minimize your assigned percentage.
Not always, but you should carefully consider whether to hire one. For minor injuries with low medical bills and minimal lost wages, handling the claim through your insurer may be straightforward. However, if injuries worsen, medical treatment continues, or insurers dispute fault or reduce offers, a lawyer can protect your interests. Many attorneys offer a free initial consultation and work on contingency, so there may be little upfront cost to getting legal advice.
You can typically seek economic damages such as medical expenses, rehabilitation costs, lost wages, and loss of earning capacity, as well as non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may be available if the defendant's conduct was particularly reckless or intentional. The specific damages available depend on the facts and applicable law.
If you are injured at work, workers compensation provides benefits regardless of fault and generally bars lawsuits against your employer. However, you may have the right to sue third parties whose negligence contributed to your injury, such as equipment manufacturers, subcontractors, or property owners. Employers and their workers compensation carriers may seek reimbursement from third-party recoveries, which is another reason to consult an attorney early.
Claims against government entities in New York require strict procedures. You generally must file a written notice of claim within a short period after the incident, commonly 90 days, and then commence suit within a specific action period that may differ from the standard three years. These procedural requirements are strictly enforced, so prompt legal counsel is essential if a public entity may be liable.
Medical bills paid by health insurance, workers compensation, or public programs may give rise to reimbursement claims or liens against any settlement or judgment. Health insurers and government payors may seek repayment from your recovery. An attorney can help resolve lien issues, negotiate reductions of medical bills, and ensure that net recovery reflects these obligations.
Case timelines vary widely. Some claims settle in a few months, especially when liability and damages are clear. Others may take a year or more if liability is disputed, injuries are still developing, or litigation is necessary. Medical malpractice and claims involving government entities often take longer due to procedural steps and discovery. Your attorney should provide an estimated timeline based on the specifics of your case and will update you as the matter progresses.
New York State Unified Court System - information on local courts and filing procedures.
New York State Department of Motor Vehicles - information on accident reporting and driver obligations.
New York State Department of Financial Services - information on insurance consumer rights and grievances.
New York State Workers Compensation Board - information on filing workers compensation claims and benefits.
Erie County Clerk - records and local court filing information.
Buffalo Police Department and Erie County Sheriff - for reporting accidents and obtaining police reports.
Local hospitals and trauma centers - for emergency and follow-up medical care and records.
Consumer assistance programs and local bar association lawyer referral services - for locating qualified attorneys in Buffalo who specialize in accidents and injuries.
If you need legal assistance after an accident in Buffalo, take the following steps:
1. Seek medical attention and follow your doctors instructions. Document all treatments and expenses.
2. Preserve evidence - photos, videos, clothing, damaged property, medical records, and the police report. Note witness names and contact details.
3. Report the accident to your insurer promptly, but avoid giving extensive recorded statements or accepting early settlement offers before consulting a lawyer.
4. Contact a Buffalo personal injury attorney for a free consultation. Look for lawyers with experience in your type of case, a record of settlements or verdicts, and who work on contingency.
5. Ask potential lawyers about fees, anticipated costs, likely timelines, whether they will handle your case personally, and their approach to settlement versus trial.
6. Keep a detailed diary of your recovery, symptoms, and how injuries affect daily life. Maintain organized records of all bills and correspondence.
7. Be mindful of deadlines - consult an attorney immediately if the case involves a government actor, a workplace injury, or a medical malpractice concern.
Prompt action and informed legal guidance increase your chances of obtaining fair compensation and protecting your rights after an accident in Buffalo. If you are unsure where to start, scheduling an initial meeting with an experienced local attorney is a practical next step.
